Ordinance 77-33ORDINANCE NO. 77-33
AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA
PROVIDING FOR THE CREATION OF A WATER AND
SEWER DISTRICT IN COLLIER COUNTY, TO BE KNOWN
AS IMMOKALEE WATER AND SEWER DISTRICT, HAVING
ALL THE POWERS OF A COUNTY WATER AND SEWER
DISTRICT CREATED PURSUANT TO CHAPTER 153,
PART II, FLORIDA STATUTES; PROVIDING FOR THE
ACQUISITION AND CONSTRUCTION OF WATER DISTRI-~!
BUTION FACILITIES AND SEWAGE COLLECTION AND
TREATMENT FACILITIES AND APPURTENANT FACILITI~- c~
IN SUCH DISTRICT; PROVIDING FOR THE ISSUANCE
REVENUE BONDS BY THE DISTRICT TO FINANCE THE --
COST THEREOF; PROVIDING FOR THE PAYMENT OF SU~
BONDS FROM REVENUES DERIVED FROM THE OPERATIO~
OF SUCH FACILITIES AND/OR ASSESSMENTS AGAINST~
PROPERTIES SPECIALLY BENEFITED BY SUCH FACILI~ "~
TIES AND ANY OTHER SPECIAL FUNDS AUTHORIZED TO
BE PLEDGED BY SUCH CHAPTER 153, PART II; PRO-
VIDING THE METHOD BY WHICH THIS ORDINANCE SHALL
BECOME EFFECTIVE.
WHEREAS, pursuant to Article VIII, Section 1 of the
Constitution of the State of Florida and Section 125.66,
Florida Statutes, the Board of County Commissioners of
Collier County, Florida, has all powers of local self-
government to perform County functions and to render ser-
vices in a manner not inconsistent with general or special
law and such power may be exercised by the enactment of
County ordinances; and
WHEREAS, it is necessary for the public health, s~ty
and general welfare of the County and its citizens tha~ ~O ~"
provision be made for the acquisition and constructio '~r~
water supply and distribution facilities and sewage co~*l~c-
tion and treatment facilities and related facilities which
serve a County purpose and for financing the cost of such
projects; and
WHEREAS, it is necessary for the public health, safety
and general welfare of the County and its citizens that a
water and sewer district, having all the powers of a county
water and sewer district under Chapter 153, Part II, Florida
Statutes, be created for such purposes for the unincorporated
area of the County hereinafter described; and
WHEREAS, Section 125.01, Florida Statutes, provides
that the governing body of a county shall have the power to
establish special districts for any part or all of the
county within which may be provided municipal services, and
WHEREAS, Chapter 165, Florida Statutes, provides that
the exclusive procedure for forming any special district
created pursuant to general law for the purposes of perfor-
ming prescribed specialized functions within limited boundaries
shall be by special act of the legislature or by county
ordinance of the county having Jurisdiction over the area
affected;
WHEREAS, Chapter 153, Part I, Florida Statutes provides
that counties may, among other things, construct sewer
system improvements, all as more particularly described in
Florida Statutes 153.03 and
WHEREAS, said Chapter 153 Part I provides that said
Part shall be deemed to provide an additional and al;erna-
tive for the doing of the things authorized thereby~
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. As used in this Ordinance,
the following words and terms shall have the following
meanings, unless some other meaning is plainly intended:
(1) "Act" shall mean Chapter 153, Part II, Florida
Statutes.
(2) "Board" shall mean the Board of County Commissioners
of the County.
(3) "Bonds" shall mean the obligations issued by the
District under the provisions of the Act and this Ordinance
to pay the cost of a project or combination of one or more
projects and payable from the revenues derived from the
operation of a project, or proceeds of assessments levied
against properties specially benefited by a project or any
other special funds authorized to be pledged as additional
security therefor under the provisions of the Act, or payable
from any combination of such revenues, assessments or other
funds.
(4) "Cost" shall have the same meaning as such term is
defined in the Act.
(5) "County" shall mean Collier County, Florida.
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(6) "District" shall mean the Immokalee Water and
Sewer District hereby created.
(7) "Project" shall include all property and rights,
easements and franchises relating thereto and deemed neces-
sary or convenient for the construction or acquisition or
the operation thereof, and shall include the acquisition or
construction of any water system and/or sewer system as
defined in the Act and any combination thereof.
SECTION 2. CREATION OF DISTRICT. The following des-
cribed unincorporated contiguous area of the County is
hereby declared to comprise the District, towit:
Section 6 Township 47 South, Ran e 30 East;
Sections i, 2, 3, 4, 5, 6, 7, 8, ~, 10, 11,
15, and 16, Township 47 South, Range 29 East;
the North 300 feet of Section 1, Township 47
South, Range 28 East; Sections 26, 27, 28, 29,
30, 31, 32, 33, 34 and 35, Township 46 South,
Range 29 East; Sections 25, 35 and 36, Township
46 South Range 28 East.. Ail being and lying in
Collier County, Florida.
The District shall be a body corporate and politic, having
all the powers granted by the Act to a district created
under the Act. The Board of the County shall be the ex
officio governing board of the District.
SECTION 3. DISTRICT TO SUCCEED EXISTING DISTRICT. Ail
property, real and personal, rights, claims, franchise,
licenses and other assets of every kind, and all liabilities
and obligations of every kind, of the existing water and
sewer district comprising the area described in Section 2 of
this Ordinance or any part of said area are hereby vested in
the District, which shall succeed such existing district;
and such existing district is hereby abolished.
SECTION 4. POWERS OF DISTRICT. The District shall
have all the powers of a district under the Act, including
but without limitation the power to acquire, construct,
erect, equip, operate and maintain projects and finance the
cost thereof with the proceeds of the bonds of the District.
SECTION 5. LEGISLATIVE INTENT. The ultimate intent of
this Ordinance is to provide a means for financing the
construction of a sewer system within the lands described
herein and the operation of an existing water system which
will be acquired. For administrative convenience it is
desired to accomplish these things through the creation of a
district pursuant to Part II, Chapter 153, Florida Statutes.
In doing so, the Board recognizes the apparent conflict be-
tween Part II, Chapter 153, Florida Statutes, which provides
certain procedures for the creation of a district including
petition, public hearing and referendum, and Chapter 165,
Florida Statutes, which provides that special districts may
be created only by ordinance or special act and further
provides that this shall be the exclusive method of creating
special districts and that all general or special laws in
conflict with said Chapter 165 are ineffective to the extent
of such conflict. The Board further recognizes that Chapter 125,
Florida Statutes, empowers the Board of. County Commissioners
to create districts for the provision of municipal services
including water and sewer systems, and that Part I, Chapter
153, Florida Statutes contains a general grant of power to
counties to do the things authorized therein, said powers
being deemed supplemental and additional to the powers
conferred by other laws. Accordingly, it is the consensus of
the Board, and the Board does hereby declare, that if the
creation of a district pursuant to Part II, Chapter 153,
Florida Statutes as ordained herein shall be declared by a
court of competent Jurisdiction to be null and void as being
unlawfully created by ordinance, then this district shall be
deemed created pursuant to Chapter 125, Florida Statutes,
with all the powers as provided therein, supplemented by
the powers granted counties pursuant to Part I, Chapter 153,
Florida Statutes, and the lands described herein shall be
known as the Immokalee Water and Sewer District by whatever
IL-J
authority created, and all acts and things done by the Board
of County Commissioners as the governing board of the
Immokaloe Water and Sewer District shall be deemed to be
done pursuant to tho authority granted by Part II, Chapter
153, Florida Statutes, Part I, Chapter 153 Florida Statutes,
or Chapter 125 Florida Statutes as may be appropriate.
SECTION 6. EFFECTIVE DATE, This Ordinance shall take
effect as provided by law.
PASSED AND DULY ENACTED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY, FLORIDA this 21s____tday of June .,
1977.
ATTEST:
WLLL~A~ J. REAGAN, Clerk
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BOARD OF COUNTY COMMISSIONERS
Collier County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify ~hat
the foregoing is a true original of:
ORDINANCE NO. 77-33
which was adopted by the Board of County Commissioners during
Regular Session June 21, 1977.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 22nd day of June, 1977.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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This ordinance filed with the S~cre~ary of State's offt=~._~¢' '~{~t.~
g. ·
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Depu~ Clerk
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